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Understanding Arkansas Landlord-Tenant Law

Arkansas has unique landlord-tenant regulations that both property owners and renters must follow. Knowing your legal rights and responsibilities ensures compliance with state laws and prevents disputes. Below, we’ll cover landlord and tenant obligations, fair housing compliance, security deposit rules, maintenance duties, and eviction procedures in Arkansas.

Landlord-Tenant Rights & Responsibilities in Arkansas

Tenant Rights in Arkansas

• Tenants have the right to live in a habitable dwelling, though Arkansas does not impose a strict "warranty of habitability" on landlords.

• They are entitled to fair treatment and freedom from discrimination.

• Renters must pay rent on time and comply with lease terms.

Landlord Rights in Arkansas

• Landlords can collect rent, enforce lease terms, and evict tenants for violations.

• They may require security deposits, provided they follow Arkansas deposit regulations.

• Property owners have the right to enter the premises for necessary repairs or inspections, but advance notice is recommended.

Compliance with Fair Housing Laws in Arkansas

Landlords must adhere to the Fair Housing Act, which prohibits discrimination based on:

• Race, color, national origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial status (e.g., families with children)

• Disability

Important Considerations for Arkansas Landlords:

• Housing providers cannot refuse to rent based on discriminatory reasons.

• Reasonable accommodations must be provided to tenants with disabilities.

• Compliance with both federal and state fair housing laws is required to avoid legal penalties.

Security Deposits in Arkansas

Arkansas allows landlords to collect security deposits, but they must follow specific rules:

• Maximum Deposit Limit: If a landlord owns six or more rental units, they cannot charge more than two months’ rent as a security deposit.

• Storage & Use: The deposit must be held and used only for unpaid rent, damages beyond normal wear and tear, or breach of lease agreements.

• Return Deadline: Landlords must return the deposit within 60 days after lease termination. If deductions are made, a written explanation must be provided.

Maintenance Responsibilities of Landlords in Arkansas

Unlike many states, Arkansas does not require landlords to provide a habitable rental unit by law. This means landlords are not legally obligated to make repairs unless the lease specifies otherwise.

Best Practices for Landlords:

• Even though there is no statutory duty to maintain the premises, ensuring livable conditions helps attract and retain tenants.

• Clear lease agreements should define maintenance responsibilities.

• Responding promptly to repair requests can prevent legal disputes and property damage.

Tenant Maintenance Responsibilities:

• Tenants must keep the unit clean and avoid causing damage beyond normal wear.

• They may be responsible for minor repairs if outlined in the lease.

Eviction Procedures for Arkansas Landlords

Arkansas landlords must follow strict legal steps when evicting a tenant:

Legal Reasons for Eviction:

1. Non-payment of rent – Arkansas allows landlords to begin eviction immediately if rent is unpaid.

2. Lease violations – If a tenant breaches lease terms (e.g., unauthorized pets, property damage), landlords may file for eviction.

3. Criminal activity – Tenants involved in illegal activities on the premises can be removed.

Eviction Process in Arkansas:

1. Serve Notice to Vacate

   • For unpaid rent, landlords can issue a 3-day notice to pay or vacate.

   • For lease violations, a 14-day notice may be required.

2. File an Eviction Lawsuit

   • If the tenant does not comply, landlords can file an unlawful detainer action in court.

3. Court Proceedings & Judgment

   • The tenant may contest the eviction. If the judge rules in favor of the landlord, they receive a writ of possession.

4. Tenant Removal

   • If the tenant does not leave voluntarily, the county sheriff may enforce the eviction order.

Final Thoughts on Arkansas Landlord-Tenant Law

Understanding Arkansas landlord-tenant law is crucial for both property owners and renters. While the state has fewer tenant protections than others, landlords must still follow fair housing laws, security deposit rules, and eviction procedures to stay compliant. To avoid legal issues, landlords should draft clear lease agreements, maintain ethical practices, and handle disputes professionally.